Search for: "Matter of Kelly"
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7 Oct 2021, 7:00 am
Citing Matter of Baloy v Kelly, 92 AD3d 521, the Appellate Division opined that the possibility of Officer obtaining administrative relief was exhausted when Officer retired without a change in his modified status. [read post]
31 Oct 2013, 10:48 am
Affirmed.Case Name: IN THE MATTER OF THE WORKER’S COMPENSATION CLAIM OF: MARTY D. [read post]
28 Nov 2018, 9:30 pm
New from the University of Nebraska Press: Policing Sex and Marriage in the American Military: The Court-Martial and the Construction of Gender and Sexual Deviance, 1950–2000 (Nov. 2018), by Kellie Wilson-Buford (Arkansas State University). [read post]
9 Apr 2025, 5:30 am
"Finding no basis to disturb the DCT's credibility determinations, the court observed "the penalty of dismissal from the NYPD is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32 and other decisions.Click HERE to access the Appellate Division's decision posted on the Internet. [read post]
9 Apr 2025, 5:30 am
"Finding no basis to disturb the DCT's credibility determinations, the court observed "the penalty of dismissal from the NYPD is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32 and other decisions.Click HERE to access the Appellate Division's decision posted on the Internet. [read post]
29 Dec 2023, 6:00 am
Under state law, regular unemployment insurance benefits require total unemployment (see Labor Law § 591 [1]; Matter of Kelly [Commissioner of Labor], 215 AD3d 1157, 1158 [3d Dept 2023]), which is defined as "the total lack of any employment on any day" (Labor Law § 522 [emphasis added]). [read post]
29 Dec 2023, 6:00 am
Under state law, regular unemployment insurance benefits require total unemployment (see Labor Law § 591 [1]; Matter of Kelly [Commissioner of Labor], 215 AD3d 1157, 1158 [3d Dept 2023]), which is defined as "the total lack of any employment on any day" (Labor Law § 522 [emphasis added]). [read post]
27 Oct 2022, 4:44 am
That was an indication that the full court would rule on the matter. [read post]
30 Aug 2015, 5:42 am
" As an initial matter, the Court had to determine if the duties in subsection A granted an insured a cause of action against his or her insurer for bad faith failure to settle. [read post]
2 Nov 2020, 9:03 pm
Kelly—speaks to the ways in which administrative law has settled on a canon of cases that may not usefully speak to the challenges that social movements such as Black Lives Matter pose. [read post]
18 Jul 2007, 10:40 am
Affirmed.In the Matter of T.F. v. [read post]
29 Nov 2017, 9:09 am
Kelly on 11/29/2017. [read post]
21 Apr 2014, 4:46 am
Shocked and deeply suspicious, daughter Kelly Lee Curtis sued, accusing Tony's widow Jill or others of convincing Tony to change his Trust through undue influence, fraud, or duress. [read post]
4 Oct 2021, 5:03 am
" As the court held in Matter of Kelly v DiNapoli, 30 NY3d 674, "an injury-causing event is accidental when it is sudden, unexpected and not a risk of the work performed, but the focus of the determination must be on the precipitating cause of [the] injury, rather than on the petitioner's job assignment. [read post]
16 May 2014, 12:33 pm
Now we get to the issue.In court, the government moved to dismiss the case for lack of subject-matter jurisdiction. [read post]
21 Oct 2022, 5:30 am
In Matter of Kelly v DiNapoli, 30 NY3d 674, the Court of Appeals held that "For the purpose of Retirement and Social Security Law, the applicant bears the burden of establishing that the disability was the result of an accident, which is defined as "a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact". [read post]
21 Jun 2017, 4:00 am
Apparently YPBA conducted Monero's hearing in absentia and made a determination to expel him from membership in the organization.Citing Matter of Kelly v Northport Yacht Club, Inc., 44 AD3d 858, the Appellate Division set out the standard for assuming jurisdiction in the matter as follows: "[W]here the constitution and by-laws of a voluntary association reasonably set forth grounds for expulsion and provide for a hearing upon notice to the member, judicial review… [read post]
4 Oct 2021, 5:03 am
" As the court held in Matter of Kelly v DiNapoli, 30 NY3d 674, "an injury-causing event is accidental when it is sudden, unexpected and not a risk of the work performed, but the focus of the determination must be on the precipitating cause of [the] injury, rather than on the petitioner's job assignment. [read post]
19 Nov 2013, 4:00 am
The Circuit Court of Appeals denied the PBA’s appeal, holding that such testing “is reasonable under the special needs doctrine" and that [the PBA’s] Fourth Amendment challenge "fails as a matter of law. [read post]
21 Oct 2022, 5:30 am
In Matter of Kelly v DiNapoli, 30 NY3d 674, the Court of Appeals held that "For the purpose of Retirement and Social Security Law, the applicant bears the burden of establishing that the disability was the result of an accident, which is defined as "a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact". [read post]
